New Build Purchases - A Practical Guide for Residential Conveyancers

Introduction

As a busy property lawyer, you will know that new build purchases can be complex and high-risk. So, this full day course is designed to provide you with a vital overview on a range of matters that you otherwise might not have time to read about.

This course will focus on key issues that arise in the purchase of properties acquired off-plan. Typical requirements of residential mortgage lenders will also be considered. Please note this seminar does not focus on commercial mortgages or social housing issues.

What You Will Learn

This course will cover the following:

• Land Registry guidance on transfers, easements and plans
• Likely contents of the seller’s pack, including contract and draft transfer of part
• Do restrictive covenants prevent the development?
• Are rights of way adequate?
• Has a utility search been undertaken?
• Has the planning permission been properly implemented? Have pre-commencement and pre-occupation planning conditions been complied with?
• Outline versus full planning permission
• The role of planning (Section 106) obligations
• Planning enforcement limitation periods
• Pre-completion payments by the buyer
• Disclosure of incentives
• Key elements of NHBC conditions & Buildmark cover
• Does a professional consultant’s certificate provide adequate?
• Risks for buyers where the estate roads are to remain unadopted
• Section 104 agreements
• Sustainable urban drainage systems
• Estate rent charges: are the Transfer provisions satisfactory?
• Community Infrastructure Levy: what might happen if post-completion instalments are not paid?
• Role of the New Homes Ombudsman and the key elements of the New Homes Quality Code
• Completion on notice
• Overage traps and pitfalls
• New leases: ground rent restrictions and prohibited leases
• Mixed use lease structures
• Changes to the final certificates and approved Inspectors regimes
• Important changes to building regulations enforcement time limits
• Matters that might not be resolved until after completion